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HomeMy WebLinkAbout101111 - Agenda Packet 101111 . yl 'a`$ i979CITY OF A TA SCA DERO CITY COUNCIL "AMENDED AGENDA** **Closed Session removed, and starting time changed to 6:00 p.m.** Tuesday, October 11, 2011 City Hall Council Chambers 6907 EI Camino Real, Atascadero, California REGULAR SESSION — CALL TO ORDER: 6:00 P.M. PLEDGE OF ALLEGIANCE: Council Member Fonzi ROLL CALL: Mayor O'Malley Mayor Pro Tem Kelley Council Member Clay Council Member Fonzi Council Member Sturtevant APPROVAL OF AGENDA: Roll Call PRESENTATION: 1. Overview of "Savor the Central Coast" event, presented by Steve Martin, Marketing Consultant for the City of Atascadero A. CONSENT CALENDAR: (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Council or public wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the consent calendar and will be considered in the listed sequence with an opportunity for any member of the public to address the Council concerning the item before action is taken. DRAFT MINUTES: Council meeting draft minutes are listed on the Consent Calendar for approval of the minutes. Should anyone wish to request an amendment to draft minutes, the item will be removed from the Consent Calendar and their suggestion will be considered by the City Council. If anyone desires to express their opinion concerning issues included in draft minutes, they should share their opinion during the Community Forum portion of the meeting.) 1. Lake Park Sign and Frontage Improvement Project - Change Order for Design Fees ■ Fiscal Impact: Approval of this recommendation will result in the expenditure of an additional $6,900 in design fees from previously allocated funds for the Lake Park Sign and Frontage project. ■ Recommendations: Council: 1. Authorize the City Manager to sign Change Order #3 for $6,900 with Eikhof Design Group for additional engineering design work to reduce the scope and cost of the Lake Park Sign and Frontage project; and, 2. Authorize the City Manager to approve any minor additional change orders up to $3,000. [Public Works] UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on any current issues of concern to the City Council.) COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to three minutes. Please state your name for the record before making your presentation. Comments made during Community Forum will not be a subject of discussion. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Council. Any members of the public who have questions or need information, may contact the City Clerk's Office, between the hours of 8:30 a.m. and 5:00 p.m. at 470-3400, or mtorgerson atascadero.org.) B. PUBLIC HEARINGS: 1. Amendment to Oak Grove II PLN 2099-0855 / CUP 2004-0130 Amendment - Affordable Housing Requirement Condition - 1225 EI Camino Real / Atalaya Street (Peoples' Self Help Housing) ■ Fiscal Impact: None. ■ Recommendation: Council adopt Draft Resolution A, modifying the Affordable Housing Requirement Condition of Oak Grove II (TTM 2004- 0054 & CUP 2004-0130) to allow an exemption to the resale deed restriction requirement, provided that the entire project meets the alternative criteria for affordability, as specified in the revised Condition of Approval. [Community Development] 2. Pending General Plan Amendment - Request for Authorization to Process PLN 2009-1346 & PLN 2011-1413 - Halcon/Viejo Camino & Alondra/Santa Barbara Road (Halcon Partners, LLC / Baron / Jordan) ■ Fiscal Impact: If the project is approved for processing, it should be required to be fiscally neutral so the added residential units fund their own on-site improvements and maintenance, as well as their fair share of off-site improvements and impacts to City emergency services. ■ Recommendations: The Council may: 1. Authorize staff to process both proposed General Plan Amendment applications, with neighborhood meeting and study session, by adopting Draft Resolution A; or, 2. Direct staff to not process either project by adopting Draft Resolution B; or, 3. Authorize staff to process only one of the two proposed General Plan Amendment applications, and direct staff not to process the other application; or, 4. Direct staff to further analyze the proposed projects and report back to the Council before processing. [Community Development] C. MANAGEMENT REPORTS: None COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. The Council may take action on items listed on the Agenda.) D. COMMITTEE REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary): Mayor O'Malley 1. City / Schools Committee 2. County Mayors Round Table 3. Integrated Waste Management Authority (IWMA) 4. League of California Cities — CITIPAC Board Member 5. SLO Council of Governments (SLOCOG) 6. SLO Regional Transit Authority (SLORTA) Mayor Pro Tem Kelley 1. Atascadero State Hospital Advisory Committee 2. Atascadero Youth Task Force 3. City of Atascadero Design Review Committee 4. City of Atascadero Finance Committee 5. Economic Vitality Corporation, Board of Directors (EVC) 6. Homeless Services Oversight Council Council Member Fonzi 1. Air Pollution Control District 2. City of Atascadero Design Review Committee 3. City of Atascadero Finance Committee 4. SLO Local Agency Formation Commission (LAFCo) - alternate Council Member Sturtevant 1. City / Schools Committee 2. Community Action Partnership of SLO County 3. League of California Cities — Council Liaison E. INDIVIDUAL DETERMINATION AND / OR ACTION: 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager a. Commission Attendance Reports F. ADJOURNMENT: Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this public hearing will be distributed to the Council and available for review in the City Clerk's office. I, Victoria Randall, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing amended agenda for the October 11, 2011 Regular Session of the Atascadero City Council was posted on October 5, 2011, at the Atascadero City Hall, 6907 EI Camino Real, Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location. Signed this 5h day of October, 2011, at Atascadero, California. Victoria Randall, Deputy City Clerk City of Atascadero City of Atascadero WELCOME TO THE ATA SCA DERO CITY COUNCIL MEETING The City Council meets in regular session on the second and fourth Tuesday of each month at 6:00 p.m. unless there is a Community Redevelopment Agency meeting commencing at 6:00 p.m. in which event the Council meeting will commence immediately following the conclusion of the Community Redevelopment Agency meeting. Council meetings will be held at the City Hall Council Chambers, 6907 EI Camino Real, Atascadero. Matters are considered by the Council in the order of the printed Agenda. Regular Council meetings are televised live, audio recorded and videotaped for future playback. Charter Communication customers may view the meetings on Charter Cable Channel 20 or via the City's website at www.atascadero.org. Meetings are also broadcast on radio station KPRL AM 1230. Contact the City Clerk for more information (470-3400). Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the City Clerk and are available for public inspection during City Hall business hours at the Front Counter of City Hall, 6907 EI Camino Real, Atascadero, and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the City Council. The minutes of this meeting will reflect these numbers. All documents submitted by the public during Council meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the City Clerk's office. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office or the City Clerk's Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "COMMUNITY FORUM", the Mayor will call for anyone from the audience having business with the Council to approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Mayor and Council. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Council). If you wish to use a computer presentation to support your comments, you must notify the City Clerk's office at least 24 hours prior to the meeting. Digital presentations must be brought to the meeting on a USB drive or CD. You are required to submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk before the meeting begins to announce your presence and turn in the printed copy. TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and will request anyone interested to address the Council regarding the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Mayor 2. Give your name (not required) 3. Make your statement 4. All comments should be made to the Mayor and Council 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present 6. All comments limited to 3 minutes The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. ITEM NUMBER: A- 1 DATE: 10/11/11 Atascadero City Council Staff Report — Public Works Department Lake Park Sign and Frontage Improvement Project Change Order for Design Fees RECOMMENDATIONS: Council: 1. Authorize the City Manager to sign Change Order#3 for $6,900 with Eikhof Design Group for additional engineering design work to reduce the scope and cost of the Lake Park Sign and Frontage project; and, 2. Authorize the City Manager to approve any minor additional change orders up to $3,000. DISCUSSION: On September 13, 2011, the City Council rejected all of the current bids for the Lake Park Sign and Frontage project and authorized the Public Works Director to reduce the scope of the project to meet the allocated budget and then re-bid the project. Previously, the City Council included funds in the Fiscal Year 2011-12 budget for construction of the Lake Park Sign and Frontage Improvement Project. This project is intended to visually, functionally and environmentally enhance the section of Highway 41 from Portola Avenue to the Lago Avenue entrance to the park. The project includes the design of new landscaping and a pedestrian path along the Highway 41 frontage, as well as a new monument sign for the Lake Park and Charles Paddock Zoo and a monument sign for the Veterans Memorial. The project will also include fencing and pedestrian facilities in front of the Alvord Field baseball field and a new banner holder for the front of the Lake Park. The improvements will be consistent with the adopted Lake Park Design Guides (similar to the new Alvord Field concession building.) Staff has met with the project engineering firm, Eikhof Design Group to reduce the scope of the project to reduce the cost in preparation to re-bid the project. The primary project scope reductions include- ITEM NUMBER: A- 1 DATE: 10/11/11 • Reducing the amount of concrete split rail fencing and mow strip throughout the project. • Redesigning the Alvord Field fencing, frontage and landscaping. (This item will be bid as an Add Alternate and not included in the base bid.) • Removing the proposed picnic area adjacent to the Great Lawn. • Reduction in quantity of new landscaping plants. • Provide engineered drawings, calculations and specifications for the base for the Veterans Memorial Sign. Inadequate information for potential contractors caused increased costs for this element of the project. The Veterans Memorial Foundation only provided a conceptual plan to the City prior to bidding previously. Engineered drawings will be required to secure completive bids. The proposed changes will require additional engineering design work by the Eikhof Design Group. The increased cost will exceed 20% of the original fee for the engineering and design work for this project. The City's Procurement Policy requires City Council approval of any change orders in excess of 20% of the original contract amount. Staff recommends that the City Council authorize the City Manager to sign a change order to the agreement with Eikhof Design Group for additional engineering design work to reduce the scope and cost of the Lake Park Sign and Frontage project. FISCAL IMPACT: Approval of this recommendation will result in the expenditure of an additional $6,900 in design fees from previously allocated funds for the Lake Park Sign and Frontage project. EXPENDITURES Conceptual Design and Admin costs $ 15,510 Engineering Design- Eikhof Design Group $ 32,320 Previous Change Orders $ 7,170 Scope Reduction Design Change Order $ 6,900 Construction $ 375,000 Inspection / Testing / Construction Administration $ 5,000 Contingency +/-10% $ 37,500 Total Estimated Expenditure: $ 479,400 REVENUES Budgeted Project Funds $ 480,200 Total Revenues: $ 480,200 ALTERNATIVES: None ATTACHMENTS: None ITEM NUMBER: B - 1 DATE: 10/11/11 { f 1918 Atascadero City Council Staff Report — Community Development Department Amendment to Oak Grove II PLN 2099-0855 / CUP 2004-0130 Amendment Affordable Housing Requirement Condition 1225 EI Camino Real / Atalaya Street (Peoples' Self Help Housing) RECOMMENDATION: Council adopt Draft Resolution A, modifying the Affordable Housing Requirement Condition of Oak Grove II (TTM 2004-0054 & CUP 2004-0130) to allow an exemption to the resale deed restriction requirement, provided that the entire project meets the alternative criteria for affordability, as specified in the revised Condition of Approval. DISCUSSION: Situation and Facts: 1. Owner/Applicant : Peoples' Self Help Housing, 3533 Empleo St. San Luis Obispo, CA 93401 2. Project Address: Originally 1225 EI Camino Real; Now Atalaya Street Lots 18 & 24 of Tract 2640 (Deed restricted lots) APN 049-047-024 and 018 3. General Plan Designation: Single Family Residential (SFR - X) 4. Zoning District: Residential Single-Family-X with Planned Development 17 overlay (RSF-X / PD 17) 5. Site Area: 5.18 acre development; 6,400 sq. ft. lots 6. Existing Use: Graded building pads; units not yet constructed 7. Environmental Status: Consistent with Certified Mitigated Negative Declaration completed for Oak Grove 11 ITEM NUMBER: B - 1 DATE: 10/11/11 Background Oak Grove II was approved by City Council as a Planned Development #17 in October 2004. The PD-17 overlay zone allows up to four (4) units per acre as a base density in the RSF-X zone. The project development was approved with an affordable housing density bonus to allow an additional three (3) units, for a total of 24 units in the Oak Grove II development. A condition was included in the resolution which required that the developer designate either two (2) very-low income units, or four (4) low income units, deed restricted for a period of 30 years. At the time of final map, the previous developer recorded 30 year very-low income affordable deed restrictions on lots 18 and 24. After the final map was recorded, the project went into foreclosure. The previous developer did not complete the public improvements as required by the Subdivision Improvement Agreement. Over the past year, the City's Public Works Department worked with the bonding company to have the road improvements completed so that the 24 recorded lots could be developed. The 5.16± acre development site was recently purchased by People Self Help Housing (PSH) who will develop of all 24 lots as affordable, mutual self-help housing. People's Self Help has submitted an application to make a few changes to the project prior to construction. On October 4, 2011, the Planning Commission is scheduled to review the following items: 1. Remove one hazardous 48" Live Oak tree from Lot 6 2. Remove requirement for architectural fagade enhancements on the side elevation of Lot 1, facing EI Camino Real 3. Amend conditions of approval to modify affordable housing deed restriction requirement (Planning Commission recommendation will be forwarded to City Council) The tree removal and architectural changes are subject only to Planning Commission review. However, City Council review is required in order to change the Affordable Housing condition of the project, as this requirement is in accordance with an adopted City Council Policy for Inclusionary Housing and density bonuses. Approved Site Plan Lots 18 & 24 deed restricted very-low income affordable J.- RAM ti I I 1 1 4- Ell I I ;I - � Al ITEM NUMBER: B - 1 DATE: 10/11/11 Analysis Peoples' Self Help Housing works with homeowners to secure loans through the USDA (United States Department of Agriculture.) The City of Atascadero qualifies as a rural community based on population, and is therefore eligible for the low interest financing provided by USDA Section 502 mortgages for income qualified affordable housing buyers. Due to the strict lending requirements of USDA, the lender will not loan on units which have deed restrictions. Therefore, Peoples' Self Help Housing is requesting that the deed restrictions on lots 18 and 24 be removed so that these units may be financed through USDA as affordable, mutual self-help housing, along with the rest of the Oak Grove II development. This issue of deed restrictions and affordable housing lenders was addressed by the County of San Luis Obispo in 2006. The Board of Supervisors amended the County's Land Use Ordinance so that the new Affordable Standards included the following provisions for mutual self-help projects (Peoples' Self Help Housing and Habitat for Humanity projects): San Luis Obispo County Land Use Ordinance 22.12.070, Affordable Standards: G. Exceptions to initial sales price limitations and resale restrictions. The Director of the Planning and Building Department may grant an exemption to the initial sales price limitation and resale restrictions for housing units that meet all of the following criteria: 1. The housing units are provided in a development consisting exclusively of housing for very low income, lower income or moderate income households;and ?. The housing units are constructed with at least 50 percent of the work performed by volunteers and/or households purchasing the housing;and 3. The Director of the Planning and Building Department has determined that the home purchase financing provided will be affordable to the purchasing households for at least 30 years. Peoples' Self Help Housing is currently proposing to amend Tentative Tract Map (TTM) Condition #9 / CUP Condition #11 of Oak Grove II to include provisions similar to those that County has adopted. This would allow the deed restrictions on the two (2) very-low income lots to be lifted, provided that the project demonstrates affordability per the deed restriction exception. Modifications consistent with the applicant's request have been included in the attached draft resolution for Council consideration. Prior to releasing either of the affordable deed restrictions, the applicant would need to demonstrate that at least two (2) units in the development have been sold to very-low income qualified buyers, or four (4) units have been sold to lower income qualified buyers, all at qualified affordable sale prices with USDA Section 502 mortgages. Evidence of the title vested, recordation of the USDA mortgage, and Certification of low-income status would be provided to the City from the developer, and the City would remove the 30-year covenant from title as each sale closes. ITEM NUMBER: B - 1 DATE: 10/11/11 The applicant has addressed the question about maintaining affordability of the units once the deed restrictions are released. The USDA loans operate much like the City's Moderate Income Equity Share program. If a unit sells before 30 years, the homeowner has an equity share with USDA. The amount of profit the homeowner gets to keep increases the longer they are in their home. USDA also has the option to resell the unit to another qualified income buyer to keep the unit in the program. Therefore, while the City of Atascadero would be giving up their 30 year recorded deed restrictions on the two (2) very low income units, Peoples' Self Help Housing would be developing 24 mixed income affordable homes (very-low, low, and moderate) which will be available to income qualified families for a period of 30 years due to the USDA subsidized loan financing. The County of San Luis Obispo has been able obtain HCD affordable housing credits for all units provided with the USDA long term affordable financing in the County. Conclusion Peoples' Self Help Housing has been developing affordable housing for over 40 years in San Luis Obispo County, and has produced many quality mutual self-help developments, with over 1,000 homes in San Luis Obispo County. As the new owner of Oak Grove II, they have proposed to modify the project conditions to remove the 30 year deed restrictions in exchange for a 24-unit affordable, mutual self-help project with affordable financing. If approved, the proposed Amendment would allow an alternative way for the applicant to demonstrate that the project provides affordable housing. The requirement for the 30 year deed restriction is derived from an adopted Council Policy, and therefore, City Council approval is required in order to make this change. The amended CUP Condition in the draft resolution is recommended by staff for Council approval and is consistent with the County of San Luis Obispo's adopted Affordability Standards. FISCAL IMPACT: There will be no direct fiscal impact to the City as a result of the proposed amendment. If the project is developed by Peoples' Self Help Housing as proposed, the City would add an additional 22 very low, low, and moderate income units to its affordable housing stock that would go towards meeting the City's Region Housing Needs Allocations (RHNA credit.) ITEM NUMBER: B - 1 DATE: 10/11/11 ALTERNATIVES: 1. The City Council may approve the Amendment with modified conditions of approval. 2. The City Council may deny Conditional Use Permit Amendment based on appropriate findings. To deny the application, the City Council must find that it is inconsistent with one of the required findings. 3. The City Council may continue the application and refer the project back to staff for additional information or analysis. Direction should be given to staff and the applicant. ATTACHMENTS: 1. Zoning and Land Use Map 2. Letter from Applicant 3. Brochure on Peoples' Self Help Housing 4. USDA Subsidy Repayment Agreement 5. Draft Resolution A ITEM NUMBER: B - 1 DATE: 10/11/11 Attachment 1: Location Map, Zoning RMF i RSF-X,l rl7 OW 4#0 � Lot ' �♦ -4 A 004 RSF-X / PO-17 • RSF-X.� i� Irk. -�A�� CITY OF ATASCADERO f s 1 w�ch= 1,!!7t-et a-ne:6, :t, Y Azss:we-: ITEM NUMBER: B - 1 DATE: 10/11/11 Attachment 2: Letter from Applicant 0 9 Peoples' Self-Help Housing February 17,2011 Callie Taylor Associate Planner City of Atascadero 6907 EI Camino Real Atascadero CA 93422 Re:Tract 2640 Affordability Agreement Dear Callie: Peoples'Self-Help Housing Corporation(PSHHC)anticipates closing escrow on the 24 lots as soon as the site work is completed. The architect is revising the house plans to meet updated code requirements. Soon we will begin recruiting families to build their own homes. PSHHC works with the families to help them apply and qualify for the home loans and conducts a Home Buyer Education Program. We anticipate starting the first group of twelve homes in June or July 2011,followed by a second group of twelve in the early fall. Each family purchases their lot before construction begins. USDA funds the purchase and the construction costs. Generally there are also other non-profit or government lenders with silent second loans. The families and their friends will perform about 75% of the work to build their homes. Certain trades such as plumbing, electrical, drywall, stucco are performed by subcontractors It generally takes the families about 12 months to complete their homes. USDA requires that all the borrowers in their 502 program be at 80% or below of median income and must intend to occupy the property as their primary residence. Certified USDA Loan Packagers on PSHHC staff pre- qualifies the families and submits the loan package to USDA. USDA has allowed the families to take tide with the County Affordable Housing Agreement remaining on title with the understanding that when the low-income family completes the home and moves in, the Affordable Housing Agreement with resale restrictions will be removed from title. When the home is ready for occupancy. PSHHC staff submits a copy of the recorded USDA Deed of Trust and a certificate certifying that the owners are low-income. I trust that a similar process would work with the city of Atascadero. Based upon the square foot cost of other homes we have built, we anticipate that the homes will cost about $240,000 and be value at about $260,000. This is more than the county's maximum sales price for Lower Income Households ($158,000—3 bedroom), but below the maximum limit for Moderate Income Households ($308,000). The homes are affordable to the low and very low income households due to the loan terms of the USDA mortgages and the silent second loans, and due to the reduction in costs attributed to the households sweat-equity. USDA has very strict repayment guidelines to ensure long term affordability. The maximum LTV ratio is 41%. The maximum PITT ratio (Principle Interest Taxes Insurance & also includes HOA fees divided by monthly income). The payments vary with the household income and may be as low as a payment based on 1% interest. USDA collects income data from the household annually and adjusts the payment as income vanes. The difference between the full note payment and the reduced payments is called Payment Assistance. The 3533 Empleo Street 26 E.Uctona Street San Luis Obispo,CA 93401 Santa Barbara,CA 93101 Tel:(805)781-3088 Tel:(805)961-5152 IL.JI Fax:(805)544-1901 Fax::(805)962.8152 E-mail:adminepshhc org E-mail.sbofficerAoshhc org www pshhc orgyimw pshhc orq ITEM NUMBER: B - 1 DATE: 10/11/11 • Page 2 February 17, 2011 Payment Assistance that has accrued during the life of the loan will be recaptured when the home is ultimately sold per the Recapture Agreement(copy attached). Also, in order to help families to qualify, silent loans, loans that do not require monthly payments, but are due upon sale or refinance, are often granted by various government or non-profit entities. Self-Help families stay in their homes much longer than the average family due to several reasons; 1) the families take pride in the high quality construction they themselves performed, 2) unless their incomes increase substantially,they cannot qualify for traditional mortgages,3)The default rate on the USDA mortgages is almost null due to the initial strict affordability guidelines and the Home Buyer Educational curriculum, so the only families that lose their homes to foreclosure are among the few that refinance and take cash out. Occasionally, families do need to sell due to a divorce,job transfer or another reason. In near-by Templeton, 61%of the 41 homes in the Lone Oak subdivision built 20 years ago are still owned by the self-help builder. 56% of the 48 homes in the Harvest Meadows subdivision built 15 years ago are still owned by the self-help builder. As you discussed with Dana Lilley, Supervising Planner at the County of San Luis Obispo, the county believes that their exemptions to the Affordable Housing Agreement do not conflict with state law governing density bonus. Prior to adopting their ordinances, county staff conferred with HCD staff who agreed that USDA financed homes should be considered as affordable due to the provisions of USDA financing (33 and 38 year loans and deep subsidy recapture). I look forward to working with you to help 24 low-income families achieve their dream of homeownership. Sincerely, Sheryl Flore Homeownership Department Director ITEM NUMBER: B - 1 DATE: 10/11/11 Attachment 3: Brochure on Peoples' Self Help Housing �- C f — N ! O XJ U `a o Q -C Imo ' m O m C 3 W Q M E Cl) r a a o N � V O W L .T-K. C wo N _ ItAxa° d p "•' C LO Luoq O U d O f4 O r vW W. M r U N - O 04 C14 Q co .— 0 Q � OD Y) O a a D ( U O d o nv M U � U U� VaLdz 01 . c4 c(.1, 3 z L cn 00 G .0 m - n i A O v 0 = ova LLJ r M ON Ln X m ujm X 3 M J � C Q O M Q _ 3 O 1— E ra N CO J LL C N C LL C uc�on CL M M in c/) o` °za) „" O U) U) LL a o v� �o u =E a e E oo County Ventura Santa Barbara San Luis Obispo ° 1 $48,000 $43,600 $40,600 } X N N J o " a 2 $54,850 $49,800 $46,400 ° c N m N T N � Z UJ L C° °0 3 $61,700 $56,050 $52,200 O c N � w 2 W u U o °, a w D o 0� 4 $68,550 $62,2540 $58,000 = j T W _ N m W,!2 — 2 C z 5 $74,050 $67,250 $62,650 F =o = g-o a) 6 $79,500 $72,200 $67,300 C 0 w ITEM NUMBER: B - 1 DATE: 10/11/11 N ° cvi m � 0 y cEc 3cw c m w E 'Q L E m m m 0 Z_,n d rn� c 0 j N E m m o co 0o y m~ m u)� w—' a.c m E a) E ° c mo `y t o w mo mL m c o a) v_, �'E o wLw E E E ° m` o 3m xa�id� c` a>>� E -� � oaci oc rw° >.—' uoiCD a) U E C 0 N C p >-O 4 >. n a L m Q O m« a v N CL a a) c W cc ¢Zom t- o a ° E= mcm 0) N c c c aa)) � cci= �o Z m o'o �Qo n� SY m «mow�, o 0 vi c c y v w E v c c, 3 w� O ° c �O d� Q « J 0 f°«' a) y m� �v rn� L 0 m o� 30� �x o t= QJ a) m t! d 2 o cEo af° v a° O c ° E W d Tc E ZQ'0 c LL w w c Z o�w E--om--0 a)a a 0 m m o w m cc ° Qw2 U 0w0-5 F' 3 m O �� m« x o d c m U) `o v' y m-0— mow 3 E w a °) a« m a Cc: 0.9-0 oc'� Wco2 > O� c.o cnSwo Z'rn« � > w L o�5 E my c d.�p Nom W c coo �J 0 o m N -a ° =o - =-'r c - a: c � mmc� — mocc xc� 0 WW >�;n'w }- E HE.N > w �m ° Lmd > wwoc �--0 N• x m — (m= F-cnc� Q3a) LO CD o•� c ° v -0 o m o N c ° rn o m" c�a c c 4 « >w W a) m c w ot't aac oc �m a)N-0.D V N p y�' W 0 ° y xZ o m� d = N m Q- E o 0 0 4):s d m m p m rn a c c a) «a 0 0 F-w E m m = cor m 0)q):2 tm-o,c c E— m m Son°o >0 E 0 0 w2 m=a; E ~ i o c 2 my�v. moa cc5cy000M w U mc°) Ocd ° xam ° c8 Om0 U 0d) Lo � > arn'mQcm` c>o.r CD m0� a0 c QO-j 0 > 6 � �daa)) 0mc00o0 o c o a ° E rn m ° g �W o 3 m e o ° ° mw� m °t O 0'5 Q m rn2' W aL � E E m E E M c-0 aa �0pacncamm OoTo ° S � oma xWLacE x0or Omc� > � �co= 'o �6`0-m ti c-s« x1-�- a« 3> av w 30� Hew �2 0 3 2a.c �L a.5.c 3 3 -0 > M C C w m 0 Q) C C c aio� m° ,� Lr p. 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Q- y aE• a cntoa a) w -- E m— a) x0EEv x � c ° mcwv xEEwm cm5:2 W -r-=- 0Wa) a0 �� cLiLa COL p o ff wL 0 c m o ro n x� m oo•�= 00 o m E c m O 02t a)L pQ m > 3LL 8a �� oo= mH 8 o a LLL 2 2 3:M0 rn-a 3 CUZ a);aa w 3 SF-1-«H xLLW:. o ITEM NUMBER: B - 1 DATE: 10/11/11 Attachment 4: USDA Subsidy Repayment Agreement Form RD 3550-12 United States Department of Agriculture Form Approved (Rev.9-06) Rural Housing Service OMB No.0575-0172 SUBSIDY REPAYMENT AGREEMENT Only one agreement should be executed by the subject borrower for the subject property. The agreement is completed at the closing of the first Agency loan to the borrower regardless of whether or not they qualify for payment assistance at that time. 1.As required under section 521 of the Housing Act of 1949(42 U.S.C. 1490a),subsidy received in accordance with a loan under section 502 of the Housing Act of 1949 is repayable to the Government upon the disposition or nonoccupancy of the security property.Deferred mortgage payments are included as subsidy under this agreement. 2.When 1 fail to occupy or transfer title to my home,recapture is due. If I refinance or otherwise pay in full without transfer of title and continue to occupy the property,the amount of recapture will be calculated but;payment of recapture can be deferred,interest free,until the property is subsequently sold or vacated.If deferred,the Government mortgage can be subordinated but will not be released nor the promissory note satisfied until the Government is paid in full. In situations where deferment of recapture is an option,recapture will be discounted 25%if paid in full at time of settlement. 3.Calculating Original Equity. For Self-Help loans,the market value is the appraised value as determined at the time of loan approval/obligation,which is subject to completion per plans and specifications. If the house is not ultimately furnished under the Self-Help program,an amended agreement using the market value definition for all other transactions as outlined below must be completed. For all other transactions,the market value is the lower of the: Sales price,construction/rehabilitation cost,or total of these costs,whichever is applicable OR Appraised value as determined at the time of loan approval/obligation. If the applicant owns the building site free and clear or if an existing non-Agency debt on the site without a dwelling will not be refinanced with Agency funds,the market value will be the lower of the appraised value or the construction cost plus the value of the site. Market value of property located at: $ Less Prior Liens $ Held by $ Held by Less Subordinate Affordable Housing Products $ Held by $ I leld by Less Rural Development Single Family Housing Loans $ Equals Original Equity(If negative number use"0") $ Percent of Original Equity $ % (Determined by dividing original equity by the market value) 4. If all loans are not subject to recapture,or if all loans subject to recapture are not being paid,the amount to be recaptured is computed according to the following formula.Divide the balance of loans subject to recapture that are being paid by the balance of all open loans. Multiply the result by 100 to determine the percent of the outstanding balance of open loans being paid. ITEM NUMBER: B - 1 DATE: 10/11/11 5. months Average interest rate paid loan 1.1 2.1 3.1 4.1 5.1 6.1 outstanding 1% 2% 3% 4% 5% 6% 7% >7% 0 - 59 .50 .50 .50 .50 .44 .32 .22 .11 60 - 119 .50 .50 .50 .49 .42 .31 .21 .11 120 - 179 .50 .50 .50 .48 .40 .30 .20 .10 180 - 239 .50 .50 .49 .42 .36 .26 .18 .09 240 - 299 .50 .50 .46 .38 .33 .24 .17 .09 300 - 359 .50 .45 .40 .34 .29 .21 .14 .09 360 & up .47 .40 .36 .31 .26 .19 .13 .09 6. Calculating Recapture Current Market value LESS Original amount of prior liens and subordinate affordable housing products, RI-IS balance, Reasonable closing costs, Principal reduction at note rate, Original equity(see paragraph 3),and Capital improvements(see 7 CFR part 3550). EQUALS Appreciation value.(If this is a positive value,continue.) TIMES Percentage in paragraph 4(if applicable), Percentage in paragraph 5,and Return on borrowers original equity(100%-percentage in paragraph 3). EQUALS Value appreciation subject to recapture.Recapture due equals the lesser of this figure or the amount of subsidy received. Borrower agrees to pay recapture in accordance with this agreement. Borrower Date Borrower Date ITEM NUMBER: B - 1 DATE: 10/11/11 Attachment 5: Draft Resolution A DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING AN AMENDMENT TO CUP 2004-0130 AND TTM 2004-0054 OAK GROVE II TO AMEND THE AFFORDABLE HOUSING CONDITIONS (1225 El Camino Real/ Atalaya Street / People's Self Help Housing) WHEREAS, an application has been received from People's Self Help Housing (3533 Empleo St., San Luis Obispo, CA 93401), Owner and Applicant, to consider a project consisting of an Amendment to the Affordable Housing Condition of CUP 2004-0130 and TTM 2004-0054 at 1225 El Camino Real/Atalaya Street; and, WHEREAS, the site's General Plan Designation is SFR-X (Single-Family Residential - X); and, WHEREAS, the site's Zoning District is RSF-X (Residential Single-Family-X) with a Planned Development 17 (PD-17) Overlay; and, WHEREAS, the Planned Development #17 requires the adoption of a Master Plan of Development in the form of a Conditional Use Permit, and specific Conditions of Approval are included in that Master Plan of Development; and, WHEREAS, the proposed Amendment is consistent with Mitigated Negative Declaration 2004-0022, which was prepared for the project in 2004 and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA)prior to being certified by City Council; and, WHEREAS, the Atascadero City Council, at a Public Hearing held on October 11, 2011, studied and considered the proposed project Amendment (CUP 2004-0130 & TTM 2004-0054) after first studying and considering the Certified Mitigated Negative Declaration prepared for the original project, and, NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero: SECTION 1. Findings,The City Council finds as follows: 1. The proposed project amendment or use is consistent with the General Plan and the City's Appearance Review Manual; and, ITEM NUMBER: B - 1 DATE: 10/11/11 2. The proposed project amendment or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the PD-17 Ordinance; and, 3. The establishment, and subsequent operation or conduct of the use will not,because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the proposed project amendment or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project amendment will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on October 11, 2011, resolved to approve an Amendment to CUP 2004-0130 and TTM 2004-0054 subject to the following: Amend CUP Condition #11 & TTM Condition #9 to state: fordable HousingRequirement: The applicant shall designate either 2 units as very- Ex/s6nglow income or 4 units as low-income, deed-restricted for a 30 year period as follows in Condhion accordance with the State Density Bonus Program provisions. Such units shall be located throughout the project and shall be subject to planning staff approval. Exception to resale restriction: The City will release the 2 very-low income, or 4 low income 30 year recorded deed restrictions if the developer can demonstrate that the project meets the following criteria: • The project shall be developed as an entirely affordable project, consisting of a mix of very low, low, or moderate income units; • The housing units must be constructed with at least 50%of the work perormed by Added wig i volunteers and/or households purchasing the housing A r�rex�drr�ex�.e • The applicant must demonstrate that the home purchase fnancingprovided will be affordable to the purchasing household for at least 30 years. • At least 2 very-low income units, or 4 low income units shall be provided within the 24 unit prosect to meet the density bonus provisions. When the first very low income unit, or first two low income units are sold to quali led buyers, one of the very-low income deed restricted units shall be released by the City. When the second very-low income unit, or an additional two low income units are sold to qualified buyers, the second very-low income deed restricted unit shall be released by the City. ITEM NUMBER: B - 1 DATE: 10/11/11 On motion by Council Member and seconded by Council Member the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: Tom O'Malley, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian A. Pierik, City Attorney ITEM NUMBER: B - 2 DATE: 10/11/11 isf$ � � iaie Atascadero City Council Staff Report - Community Development Department Pending General Plan Amendment Request for Authorization to Process PLN 2009-1346 & PLN 2011-1413 Halcon/Viejo Camino & Alondra/Santa Barbara Road (Halton Partners, LLC / Baron / Jordan) RECOMMENDATIONS: The Council may: 1. Authorize staff to process both proposed General Plan Amendment applications, with neighborhood meeting and study session, by adopting Draft Resolution A; or, 2. Direct staff to not process either project by adopting Draft Resolution B; or, 3. Authorize staff to process only one of the two proposed General Plan Amendment applications, and direct staff not to process the other application; or, 4. Direct staff to further analyze the proposed projects and report back to the Council before processing. DISCUSSION: Two conceptual General Plan Amendment projects have been submitted for City Council authorization to proceed. One application consists of 38.9± acres on Halcon Road and Viejo Camino, and the other application consists of 10± acres on Alondra and Santa Barbara Road. The proposals include converting the existing Residential Suburban (2.5 -10 acre) zoned lots to Residential Single Family X & Y (1/2 acre & 1 acre min density). If approved, the proposed General Plan Amendments would increase the number of lots from 10 large lot parcels, to 57 single family lots. As these parcels consist of almost all of the remaining large lot Residential Suburban parcels on ITEM NUMBER: B - 2 DATE: 10/11/11 the southeastern side of the City, and will require General Plan Amendments and environmental review, the projects are being presented together for City Council consideration. Authorization and Processing Council policy requires City Council review and an authorization in order for staff to process General Plan Amendment applications. The Council's policy also requires all amendments to be reviewed and processed in such a manner as to facilitate citizen participation. The policy suggests the following process: A. Neighborhood Meeting. The applicant is required to hold a neighborhood meeting to present the request to citizens of the area neighborhoods and for the citizens to identify, list, and discuss issues related to the amendment. The applicant is responsible for organizing and conducting the meeting and attempting to resolve as many issues as possible before submitting a formal application to the City for review and processing. B. Study Session. Staff presents the basic facts of the amendment application to a joint City Council/Planning Commission study session, along with General Plan and environmental analysis. Comments from the Planning Commission and the public are received by staff for further consideration. The applicant is responsible for resolving of as many issues as possible before submitting a formal application to the City. Land Use and Zoning The City has received two General Plan Amendment (GPA) applications which propose to change the land use designation of several lots on the southeast side of Atascadero from Suburban Estate (SE, 2.5-10 acre min) to Single-family Residential (SFR-Y, 1 acre min & SFR-X, '/2 acre min). Given that these parcels consist of almost all of the remaining large lot residential properties on this side of the City, staff is presenting the applications together for Council consideration. Staff recommends that if authorized to process, the General Plan Amendment design, neighborhood meetings, study sessions, and environmental review be processed together in order to address cumulative impacts as well as consistency in design and project requirements. Surrounding properties to the south of the subject site are unincorporated County lots ranging from '/2 acre to 5 acres in size. The subject sites are also boarded by the railroad tracts to the east, Paloma Park to the west, and the Woodridge (Las Lomas) development to the north and between the two current applications. The Woodridge Specific Plan Area contains a mixture of medium density residential uses ranging from small lot single family clustered sites, to 1-acre minimum lot sizes with SFR-X and SFR- Y zoning designations, plus an area of multifamily apartments and townhomes near Paloma Park. ITEM NUMBER: B - 2 DATE: 10/11/11 Site Vicinity Map, Land Use and Zoning • Part of PLN 2009-1346 • 6 separate owners on Halcon Rd. • Currently Residential Suburban (RS) • Currently 6 lots, 29.1 acres total • Proposed GPA to change to SFR-Y w/Master Plan of Development (1 acre density,clustered lots) • Potential for 29 lots • Each parcel to develop under separate map at later date n i n Co rp 0 rat@ h ` dri i �• q ifi� ( as) QRS ' nc p r t RS0 • Baron/Jordan property Alondra & Santa Barbara Rd. (PLN 2011-1413) • Currently Residential Suburban (RS) • Halcon Properties, LLC (Froman) • Currently 2 lots, 9.9 acres total • Viejo Camino (PLN 2009-1346) • Proposed GPA to change to SFR-Y(1 acre min lot size) • Currently Residential Suburban (RS) • 8 lots total proposed with 2 Parcel Maps • Currently 2 lots, 9.8 acres total • Proposed GPA to change to SFR-X (1/2 acre density,clustered lots) • 20 lots proposed with Planned Development Overlay ITEM NUMBER: B - 2 DATE: 10/11/11 1.) PLN 2009-1346 (Halcon & Vieio Camino) Situation and Facts: 1. Applicant / Representative: Maury Froman, Rottman Properties, LLC 1998 Santa Barbara St. Suite 200, San Luis Obispo, CA 93401 2. Property Owners: Halcon Properties, LLC, also representing Delmore, Ratzlaff, Rodda, Joy, Sarnecki, & Dagnall 3. Project Addresses: 11955 and 11975 Viejo Camino (APN 045-401-003, 004) 11675, 11745, 11855, 11845, 11885, and 11875 Halcon Rd. (APN 045-401-017, 018, 010, 009, 014, 013) 3. General Plan Designation: SE — Suburban Estate (2.5 — 10 acres minimum) 4. Zoning District: RS (Residential Suburban) 5. Site Area: 38.9 acres total 6. Existing Use: Single-family Homes on 6 Halcon lots, Vacated mobile home park on 2 Viejo Camino lots 7. Environmental Status: Not determined — Application pending Background: In August of 2007, Halcon Properties, LLC submitted an application for the development of the 9.8 acre site at the corner of Viejo Camino and Santa Barbara Road. The 2007 application proposed a 62 lot multi-family residential subdivision with a density of 6.2 units per acre. The City Council voted 3-2 to not authorize staff '- to work on the project. Discussion included comments on neighborhood compatibility, the - zero lot line parcels with as factory-built duplexes, and neighbors' concerns for the higher - f: density and multi-family zoning. The 2007 project only included the 2 properties owned by Halcon Properties, LLC, and did not include the 1 adjacent six properties along Halcon Road. The Council encouraged the applicant to work with r the neighbors and consider options that would 2007 application create neighborhood compatibly. for 62 multifamily lots ITEM NUMBER: B - 2 DATE: 10/11/11 Current Project Proposal: At the September 2007 meeting, the City Council was concerned that converting the 9.8 acre corner property to a multi-family designation would be inconsistent with neighboring properties. To address this concern, the applicant contacted the neighboring parcels on Halcon Road and has obtained authorization from five of the six property owners to include their parcels in a revised General Plan Amendment request. The current application proposes expanding the area of consideration to include all of the adjacent SE (Suburban Estate) properties along Halcon Road, from the corner of Viejo Camino up to the entrance of the Las Lomas development. The applicant, Mr. Froman of Existing Lot Layout; Halcon &Viejo Camino Rottman Communities, contacted staff in November 2009 about processing an alternative request '� a for the property. Mr. Froman has o met with staff several times over of the past two years to discuss p e alternative ideas for the � ` * Lo development of his 9.8 acre I ' { previouslyproposed' 62-lot development parcel in combination with a ° '°� 2007 rezone of the 6 neighboring parcels within City limits on o Halcon Road. Based on the feedback at the 2007 Council ...%,�.. Hearing, the applicant has scaled r--i= the project back to propose a Residential Single-family zoning, with clustered lots based on a combination of 1 and '/2 acre density. The applicant has worked with a site planner to determine a feasible shared road layout and buildable areas on each of the 10 lots within the application boundaries. Slope, native trees, and site access were used to develop a potential layout for the future development. Based on the slope of lots 1-6 on Halcon Road, the applicant is proposing clustered lots with a one (1) acre minimum base density. RSF-Y zoning is proposed for this 29.1 acre area. Under the clustered lot approach, the base density of lots 1-6 would be one (1) unit per acre, however, lot sizes could be as small as 5000 square feet, with large areas of designated open space between the lot clusters. Lots would be clustered in flatter areas around a shared road system, and open space easements would be placed over areas of steeper slopes and dense native trees. This RSF-Y zoning would allow the existing six lots to be split into a total of 29 single family lots within the 29.1 acre area. ITEM NUMBER: B - 2 DATE: 10/11/11 Currently, only a General Plan Amendment and Zone Change are being sought for the six lots on Halcon Road. Project designs for the development of these six lots are not proposed as part of this application, but would be developed at a later time as each individual property owner is ready. A Master Plan of Development overlay would be processed with the proposed General Plan Amendment in order to lay out the parameters for the future development of each parcel individually. This would enable each property owner to process a Parcel or Tract map and develop their lot independently within an overall framework for road connections and compatible lot design. Proposed Master Site Plan; Halcon &Viejo Camino The two corner parcels on Viejo Camino (Lots 7 & 8, r owned by Mr. Froman & Halcon Properties, LLC) are proposed to convert to .. .,<..•. RSF-X zoning with a '/z / acre base density. Like the adjacent six lots, this 9.8 acre area is proposed with clustered lot 4 development (5,000 sq. ft. lots) offset with large V areas of dedicated open I space. The road system 4 through the 20 lot development would provide connections to future development on the 6 adjacent lots. The '/2 acre base density on Mr. Froman's lots is ,}�.:..:.::.... proposed based on the large flat areas previously .:, :w - - ��• developed with a mobile "':: ••°•`.-••° home park. The proposed development area is -• •i4:Rro•-•••�• approximately the same :_------- � � as the area of the 2007 ••• h • •• -•• application however, the density has been reduced from 62 multifamily units, to a proposed 20 single family lots. This 1/2 acre density with open space would provide neighborhood compatibly with nearby Dove Creek and Las Lomas developments. A Planned Development overlay (similar to Dove Creek) is proposed with the current General Plan Amendment application in order to lay out the specifics such as streets, ITEM NUMBER: B - 2 DATE: 10/11/11 common areas, and architectural design for the development of these 20 single-family units. As currently planned, the master plan concept for the entire project area (all 38.9 acres in PLN 2009-1346) will allow any property owner to move forward individually or in conjunction with an adjacent property owner. Easements and reimbursements agreements would be set up so that each parcel subdivision can utilize the shared road system sewer improvements. All lots less than one (1) acre in size would be required to connect to sewer upon development of the lot. Low Impact Design features, such as a drainage swale along Halcon Road would be incorporated into the overall master plan. The 20 unit planned development on the corner of Viejo Camino would not be permitted to have second units due to the PD overlay. However, the RSF-Y lots on Halcon Road that are over one (1) acre or those connected to sewer would be permitted to construct second units, unless otherwise restricted by Council with the Master Plan of Development. There are 56 native trees located in the area of development on the 20 unit Planned development site. This constitutes approximately 17% of the sites trees that could be impacted or removed with construction of this 20 unit clustered lot PD. The more heavily forested areas at the back of the lot would be preserved in an open space easement. It is unknown how many native trees impacts there would be with the development of the six lots on Halcon road. Impacts would be minimized by the clustered lot and open space design, as compared to a standard development of one acre RSF-Y parcels. Tree Removal Permits would be required prior to development of all sites. 2.) Project Proposal: PLN 2011-1413 (Alondra & Santa Barbara Road) Situation and Facts: 1. Applicant / Representative: EDA Design Professionals 1998 Santa Barbara St. San Luis Obispo, CA 93401 2. Owners: Madonna & Robert Baron, 9555 Santa Barbara Rd. Joann & Ken Jordan, 12025 Alondra Rd. 3. Project Address: 9555 Santa Barbara Rd. (APN 045-411-002) 12025 Alondra Rd (APN 045-411-003) 4. General Plan Designation: SE — Suburban Estate (2.5 — 10 acres minimum) 5. Zoning District: RS (Residential Suburban) 6. Site Area: 9.89 acres total 7. Existing Use: Single-family homes and accessory structures 8. Environmental Status: Not determined — Application pending ITEM NUMBER: B - 2 DATE: 10/11/11 Background The subject site is accessed from Santa Barbara Road, through unincorporated County roads, off Alondra Road. A second access point is located off Alondra Road through the back of the Las Lomas / Woodridge project to the north of the project site. This connection is currently designated as an emergency access only road to minimize the Las Lomas development traffic on Alondra Road. Both of the subject parcels requesting General Plan Amendments are currently designated Residential Suburban zoning, which calls for a minimum of 2 '/2 to 10-acre lots based on performance standards. The two subject 5-acre parcels make up some of the last remaining Residential Suburban zoned lots within this area of City limits. Adjacent parcels to the south are unincorporated County lots ranging for 1/2 acre to five acres in size. Project Proposal (Alondra & Santa Barbara Road) The applicants have submitted a letter of intent to request an increase in density on the existing two RS parcels. A General Plan Amendment and Zone Change are proposed to change the existing 10 acres of Residential Suburban zoning to Residential Single- family-Y (one acre minimum lots sizes.) Two separate parcel maps (one for each property) are included to subdivide the two existing 5-acre parcels into 4 lots each, for a total of eight single-family lots. 2 Proposed Parcel Maps;Alondra & Santa Barbara Road Individual septic systems are proposed for each future lot, and -- would be permitted based on the 1- acre lot sizes. Both properties are r �` currently not connected to the public water main and are supplied by well water. AMWC connections — = would be required for development of any new lots in the subdivision.Second units units would be permitted to be developed on each of the eight (8) new lots. ' R,_ (4101 If the Council authorizes the General Plan Amendment J %%� processing, specific site and road improvements included with the / I', � •' , ;., .'� ,- '#! / subdivision would be further DTCONF°Ua^roN analyzed by staff and the Planning Commission. Conceptually, each parcel map on the subject property proposes an individual driveway to access its four lots, allowing each property owner to develop independently. There are a variety of road and circulation issues that need to be resolved on this project, including: ITEM NUMBER: B -2 DATE: 10/11/11 • No easements or shared access proposed between the lots. • Need to address provide a cul-de-sac or fire turn around. • Right-of-way dedications and maintenance. • Road width and surfacing requirements • Existing road connection to the Las Lomas Development to the north on Alondra Road (currently a gated fire access road). • The emergency access gate has been an on-going issue that needs to be resolved to allow safe, mutual access through Alondra Road. • Improvements and surfacing of Alondra Road both within City and the County (currently a dirt road). • Communication with the County regarding improvements to Alondra Road and any upgrades required at the intersection with Santa Barbara Road to the south of the project site. Project Summaries: PLN 2009-1346 Halcon &Viejo Camino: Lot# Owner Acreage Units RS Unit Zoning # Lots RSF Unit Potential existing Potential proposed Proposed potential Increase (includes w/GPA (includes in Units 2nd units) 2nd units) 1 Delmore 5.2 ac. 1 2 RSF-Y 5 10 8 2 Ratzlaff 5.2 ac. 1 2 RSF-Y 5 10 8 3 Rodda 5.2 ac. 1 2 RSF-Y 5 10 8 4 Joy 3.4 ac. 1 2 RSF-Y 4 8 6 5 Sarnecki 4.9 ac. 1 2 RSF-Y 5 10 8 6 Dagnall 5.2 ac. 1 2 RSF-Y 5 10 8 7&8 Halcon 9.8 ac. 0 4 RSF-X 20 20 16 Partners, w/PD (no 2od units LLC overlay w/PD) Total: 7 owners 38.9 ac 6 16 49 78 62 PLN 2011-1413 Alondra & Santa Barbara: APN Owner Acreage Units RS Unit Zoning #Lots RSF Unit Potential existing Potential proposed Proposed potential Increase (includes w/GPA (includes in Units 2nd units) 2nd units) -002 Baron 4.96 ac. 1 2 RSF-Y 4 8 6 -003 Jordan 4.93 ac. 1 2 RSF-Y 4 8 6 Total: 2 owners 9.89 ac 2 4 8 16 12 ITEM NUMBER: B - 2 DATE: 10/11/11 In summary, the two applications include: ■ 48.8± acres ■ 10 existing parcels • 9 separate owners ■ Currently zoned RS for up to 10 main units, and 10 second units ■ Proposed RSF-Y & RSF-X zoning would allow up to 57 lots (increase of 47 lots) ■ Proposed zoning would allow up to 57 main units, and 37 second units ■ This is a potential increase of 47 additional main units, and 27 second units in the project area at build out. All lots will in the subject area are proposed with a General Plan Amendment and Zone Change for Council consideration for processing. Subsequent Tentative Parcel or Tract Maps would be required to split the lots. The two Parcel maps on the Baron/Jordan properties, and the 20 unit Planned Development on the Halcon Partner's property maybe processed concurrently with the GPA and ZCH. Subdivisions for the remaining parcels may be submitted at a later date based on the new density and Master Plan of Development overlay. Traffic Impacts & Environmental Review: Increasing the density of any of the SE (Suburban Estate) properties will result in additional vehicle trips on adjacent streets as well as the nearby U.S. Highway 101 / Santa Barbara Road interchange. Although traffic impacts have not been analyzed, significant traffic issues associated with the Las Lomas, Dove Creek and San Diego Way residential projects exist in the nearby vicinity. In addition, the EIR for the Eagle Ranch Specific Plan development is already underway, and will be considering potential impacts and necessary improvements to the Santa Barbara Road interchange required for built out of that annexation. A General Plan Amendment for the subject properties will require detailed traffic and circulation analysis to determine area roadway, bicycle, and pedestrian circulation improvements, as well potential capacity and fair share mitigation for the U.S. 101 / Santa Barbara interchange improvements. As currently proposed, a rezone and General Plan Amendment would allow for an additional 47 lots above what exists on site today. This would include potential for an additional 47 main units, and 27 second units in the project area at build out. Based on an assumed 10 trips per day, these units would create an additional 740 vehicle trips ITEM NUMBER: B - 2 DATE: 10/11/11 within the project area which would need to be analyzed with the traffic and circulation analysis Staff Impact This General Plan Amendment project would have a significant impact on Planning and Public Works staff resources and may affect other current projects and priorities. Currently, Planning Department staff is processing General Plan Amendments for the Del Rio Road Specific Plan (Walmart) and the Eagle Ranch Specific Plan. Both of these projects are at critical phases that will demand significant staff time over the next six months. In addition, the two planning staff members are also working on the Millhollin Mine CUP, the Redevelopment Agency housing program, the Salinas River Trail Master Plan, the Atascadero Creek pedestrian bridge / Centennial Plaza project, OED projects, in addition to the routine daily maps, use permits, building plan check, front counter support and phone calls. Due to funding constraints, paid student interns have been curtailed in the Planning Department which increases workloads on existing staff. Public Works also has limited ability to work on this project. This project will have a number of significant road, drainage, sewer and maintenance issues that will require significant staff time to resolve. Public Works has extremely limited ability to accommodate this work without affecting the Del Rio Road Specific Plan, Eagle Ranch Specific Plan, 3F Meadows off-sites, K-Mart Hot Spot project in addition to numerous other development and capital projects. If Council authorizes processing of the project, the Council will need to clearly identify the priority level of the project and set a realistic timeframe for processing the project. Otherwise, the applicants will likely have an unrealistic expectation for how quickly the project will be processed. FISCAL IMPACT: According to the findings from the Taussig Study, revenue from new residential development including property tax revenues, vehicle licensing fees, sales taxes, and other revenues are insufficient to cover the maintenance and emergency service costs of new development. Based on the revenue projections from the Taussig Study, the City has developed standard Conditions of Approval for new residential planned development projects that require the cost of maintenance and emergency services to be funded by the project through a combination of road assessment districts, landscape and lighting districts and community facilities districts. If the project is approved for processing, it should be required to be fiscally neutral so the added residential units fund their own on-site improvements and maintenance, as well as their fair share of off-site improvements and impacts to City emergency services. ITEM NUMBER: B - 2 DATE: 10/11/11 ATTACHMENTS: Attachment 1: Location Map, General Plan and Zoning Attachment 2: Existing Project Site Aerial Attachment 3: Halcon & Viejo Camino Request (PLN 2009-1346) Applicant's Letter of Intent (Halcon Partners, LLC / Froman) Exiting Lot Layout Conceptual Site Plan Attachment 4: Alondra & Santa Barbara Road Request (PLN 2011-1413) Applicant's Letter of Intent (Baron / Jordan) Proposed Conceptual Site Plan Attachment 5: Draft Resolution A Authorizing GPA Processing for Both Projects Attachment 6: Draft Resolution B Denying GPA Processing for Both Projects ITEM NUMBER: B -2 DATE: 10/11/11 ATTACHMENT 1: Location Map, General Plan &Zoning P �k OS Unincorporated HDR dri ci i E 0 P City Boundary SE i Areas of proposed conversion fromOI'pi # l Residential Suburban to Residential Single-family X&Y (1/2 and 1 acre minimum lots sizes) ITEM NUMBER: B -2 DATE: 10/11/11 ATTACHMENT 2: Project Site Aerial 0 Ii s 4b e °� foes w °'°�UIct 1 - Unincorporated /I-c7ruela wayoil Ji V . . •' �+ It tio<o n l• %+'���M1 '✓�, 'Pal a # Wbodridg-e Specific * XV y s flan _ 6_ �► \`� • �4 1 �! + •t _ c d � W q00 City Boundary Dove : r icaw r ed Creek o �,, t Areas of proposed conversion from l- Residential Suburban to Residential Single-family X&Y (1/2 and 1 acre minimum lots sizes) ITEM NUMBER: B - 2 DATE: 10/11/11 ATTACHMENT 3: Letter of Intent, Halcon &Viejo Camino Site, PLN 2009-1346 Roffman Communifies September 20.2011 Honorable Mayor Tom O'Malley and Atascadero City Council City of Atascadero 6907 EI Camino Real Atascadcro,California 93422 Re: Request ti)r General Plan Amendment and Rezone of Approximately 38.5 Acres Dear Mayor O'Malley and City Council: This letter will serve as our request to have the Atascadero City Council direct staff to move forward and process an application for a General Plan Amendment to rezone the property on the accompanying map. The property consists of approximately 38.5 acres at the intersection of Viejo Camino and Santa Barbara Roads. We own 10 of the 38.5 acres and have previously received Powers of Attorney from all property owners with the exception of the most northern 5 acres. Our initial proposal was rejected by a previous City Council and then the economy stalled our efforts to progress, but we now wish to move forward. Initially,a higher density zoning was pursued,ranging from 5 to 6.2 units per acre, on the properties, but currently. a zoning of one-half acre density is being proposed on our 10 acres, and on the balance of the properties, a one-acre density is being proposed. A constraints study was conducted based on the topography to see how many units could reasonably and economically be located on the properties. As currently planned, the concept would cluster lots in order to preserve open space and trees, and the lots would be accessed via private streets. The design allows any property owner to move forward individually or in conjunction with an adjacent property owner. Under our proposal. should a property owner decide to move forward individually, they would be required to install a majority of the improvements [2131, with the balance being installed by the subsequent property owner. The alternative would be to have the initial property owner install all of the improvements, and create a reimbursement agreement that would be attached to the adjacent property. ITEM NUMBER: B - 2 DATE: 10/11/11 ATTACHMENT 3: Letter of Intent, Halcon &Viejo Camino Site, PLN 2009-1346 In addition to the GPA and rezoning application. we are requesting that a 20 single- family lot Tentative Map be concurrently processed and approved on our 10-acre owned property. While the exact grading and tree removal have not been worked out to date, the construction is proposed to be within the boundaries of our previous proposal, so based on our new concept we feel there should be beth less grading and loss fret removals, but in any event no increase in either. All of the details would be designed completed as we work through with stall during the process. At this paint, we are respectfully requesting the City Council direct staff to accept a fomtal application and move forward with a General Plan Amendment and Rezone for the 38.5 acres and a Vesting Tentative Tract Map Application on our 10 acre parcel. Thank you for your time and consideration. Sincerely, L Maury Froman president ITEM NUMBER: B - 2 DATE: 10/11/11 ATTACHMENT 3: Existing lot layout, Halcon &Viejo Camino Site, PLN 2009-1346 -� WWI 5 � add — v O / • r -- - d" n o - • r 00 !r-A. - 7, O J Z � � L1 a � a % (37YdS N3d0v � so ITEM NUMBER: B - 2 DATE: 10/11/11 ATTACHMENT 3: Proposed Site Plan, Halcon &Viejo Camino Site, PLN 2009-1346 may. i /i t ; ► ^I.1.wm n.1ro•w Av 1 c 0 U t t 11W f } w' t + � / f J O 1 _ ^Rn•r•c•.a.. Y Al 0AwA LLL M•J of bHe. .•fd en N•[.wws•/.>: Jq •p•.M I .hn..►a rtu�.r••bt 4.• •r..het.n•N 1rw►ro •7J - i 1F•to t♦1 hn1•h.J lq�rN• �• ••t4 fFf•0.4.rN let whfe -� � �.•••.nw p•rq q'.fro•: -- tt.N ry 76•I•wJ•••►. -.rt.N On1n•q•v.•to 11•Ic<. ....... .�.. •� Y+...t tR/etNfr lr.►•1 r0•IJ � � •.q•Ir•[Itf lrrN..l - — 11 t twain•..t.vaf,.•tl .+�.r.. t1�•1 .11•r . Lt•r•J ui«•. r Y• +... ,�.f.., � � t' - t ir.nt•tot J.•.1.►w.... n.+rl.nq.170x•1004 1>e+l�lned Fo, th c Kc>ttm a ".,c; ro u p t,y 3100 0.•.p... k..•J. _u + • wa.G.>.. cn .l tt >Yn.+ rwr .,•,., ITEM NUMBER: B - 2 DATE: 10/11/11 ATTACHMENT 4: Letter of Intent,Alondra & Santa Barbara GPA(PLN 2011-1413) RECE Y I,D SEP 2 ?01i t� C MMUNITY DEVELOPMENT civil engneeis••. anc s�r+eyors e'.anc n��ne-s /applicants: Madonna& Robert Baron. APN' 045-411-002 Joanne& Kenneth Jordan, APN: 045-411-003 Subject: Letter of Intent requesting permission to submit a General Plan Amendment Application to city staff. To: Atascadero City Council via Warren Frace. Community Development Director for the City of Atascadero The following letter is a request by two separate families. Madonna & Robert Baron and Joanne &Anthony Jordan (Applicants). represented by eda design professionals.to the City of Atascadero for a General Plan Amendment to change the zoning and density of their combined 9.59-acres located near the southeast corner of the city limits along Alondra Road (Figure 1, Vicinity Map) from RS zoning designation to SFR-Y zoning designation. Specifically. the applicants are requesting from the City: an Amendment to the General Plan Land Use Element;a Zone Change; and two Parcel Maps. As the two parcels are owned by non-related parties, two separate parcel maps(one for each property) are requested to subdivide their two 5-acre parcels into 4 lots each ter ' Ilk e s 7 r � eda--design prol-ssionals 1998 Santa Barbara Street,San Luis Obispo,CA 93401 805-549.8658 fax 805-549-8704 wwwedamc.oom ITEM NUMBER: B - 2 DATE: 10/11/11 ATTACHMENT 4: Letter of Intent,Alondra & Santa Barbara GPA(PLN 2011-1413) design professionals c - --•s♦land surveyors•land planners Project site Currently. the RS-Ruol Suburban zoning district calls for a minimum of 2 Yi-acre lots per density unit and can range up to 10-acres per density unit (Figure 2. Zoning Map). The Applicants .,.,ould like to change this density and zoning designation to SFR-Y. Single-Family Residential-Y. .-.hich requires a minimum lot size of 1 gross acre per density unit. Reducing the minimum lot size .,.,ould allo,•r both parties to create four 1-acre lots on each parcel that could then be distributed in the future for family and estate planning purposes. OVtlt b..r': �. � oVlIn FIBMrt Ln.IlRFC04.r Bi RBw.o1 ovn 1en-e.n Irr Da MIry Qlel+MpwW NIL inning D.WgnA16n - f•y —Rva lw...s...r.�+n e. e...tl� RBF-Y R../ry�ri FrN1(1 O rew tl nn) '�Rlli R.,NY BnM.nn,10 8 rn tl.M) O L6.v lmW fi.pY:.w11 B+W W\I O.a tl.n) r—lV.a lr+.a`nOrs.+l.Mrw9w 10l.rwumnl �BPI 6rnh oRn I I\Wvn;n, :'I. Q cR cP..n..Pr Iw<nwnwu �— -tl Cannnw twn. cr C-1 ra.tl Projec Site .� -L4 ipgBRgtlBB. nar raw, Figure 2:Zoning of site The project site includes one existing single family home, a large barn and a smaller storage building on the Baron property: and one single family home and a large out-building on the Jordan property. Several small out buildings exist on each lot. T.,.,o separate existing gravel dirt drive vays extend from Alondra Road to the structures. A public se,.:,er main does not exist in the area and ..,ith 1.0 acre lots. individual septic systems ,-Jll be utilized for each nely lot. The project site is currently not connected to the public °Nater main and is supplied by ..,ell .•rater. The Barons are connected to three -vells off-site on additional property they o.-m. and the Jordan's are connected to one -.'ell located on the northwest corner of their proposed parcel 1 near Alondra Road. eda—design professionals 1998 Santa Barbara Street,San Luis Obispo,CA 93401 805-549-8658 fax 805-549-8704 vnNw edainc corn ITEM NUMBER: B - 2 DATE: 10/11/11 ATTACHMENT 4: Letter of Intent,Alondra & Santa Barbara GPA(PLN 2011-1413) design professionals C ♦ ,. ♦ _-md planners The site consists of mostly non-native vegetation: hov,,ever there are a fe.%r oak trees scattered among the project site. In particular. the proposed parcel 4 of the Jordan property contains t;.,o oak trees: also. the rear of proposed parcel 4 of the Baron property contains a fev., oak trees. Based on a preliminary soil study from the Natural Resource Conservation's Web Soil Survey. the project site contains soils that are vulnerable to shrinkage and expansion and may require further engineering during the individual site development stages. According to the FEMA Flood Insurance Rate Map Firmette. the project site is located in Zone X. Zone X is defined as areas determined to be outside the 0.21b annual chance flood plain: thus the project site is not located in an area at risk for seasonal flooding. Surrounding Uses The zoning designations surrounding the site include single family homes. undeveloped parcels. and open space parcels. Land directly adjacent to the project site. approximately 27 acres. is also o.•:,ned by the Baron's: ho,%ever. it is not considered to be a part of this General Plan Amendment. To the north and :vrest of the project site is the Woodland Specific Plan Area ,.,hich contains a mixture of medium Density Residential Uses ranging from '2-acre to 1-acre minimum lot sizes .•lith SFR-X and SFR-Y zoning designations. respectively. Land to the east of the site past the additional Baron property. belongs to the County of San Luis Obispo and is zoned Aqriculture. To the south of the project site is the County of San Luis Obispo Salinas River Planning Area ,;,hich is zoned RS-Residential Suburban ,%,ith lot sizes varying from 1 to 5 acres per unit. Project description Based on the assumption that the zoning and density ,.gill change to SFR-Y. the proposed tentative subdivision .,.,ill divide both of the 5-acre parcels into four 1- acre lots, for a total of eight single-family lots. Depending on the lot configuration. as .,.,ell as the location of the existing structures and excluding the driveway dimensions. the lot sizes ..gill range from 1-acre to 1.80 acres. The follo%Ving attachments include a conceptual lot configuration and circulation plan to help the public visualize the applicant's intent. The applicant's realize that these are not final plans and that based upon city comments, the applicants submit a formal General Plan Amendment Application and Tentative Parcel Maps. Along the common property line of the parcels. t.-.!o separate 18-foot °Nide common drive-.ays are proposed to extend from Alondra Road providing access to the ne.%, lots. Each driveway will be aligned in a 25-foot .,ide access easement. terminating ,.,ith a standard hammer head Fire Department turn- eda -design professionals 1998 Santa Barbara Street,San Luis Obispo,CA 93401 805-549-8658 fax 805-549-8704 www.edainc.com ITEM NUMBER: B - 2 DATE: 10/11/11 ATTACHMENT 4: Letter of Intent,Alondra & Santa Barbara GPA(PLN 2011-1413) design professionals ♦L _ ,evcrs•lana plann-s around Existing non-native trees located between the driveways, as well as an existing fence will remain. Changing the zoning and minimum density of these two parcels will provide a gradual progression from the higher density Woodlands Specific Plan to the surrounding undeveloped land in the county Because the two separate parcel maps will subdivide the property into eight lots, the project Is not anticipated to impose significant impacts on existing infrastructure including sewer, water and traffic. However, it is noted that Alondra Road may be a focal point for traffic circulation and mitigation measures. Based on discussions with San Luis Obispo County Public Works. there appears not to be concern over additional traffic the residential subdivision will add to Santa Barbara Road. The following package includes: Attachment I: Preliminary Subdivision Map Attachment 2: Preliminary Circulation Map. Applicant signatures: - A / . Madonna P. Rbtiert Baron Date r44114 c__ Joanne & thon Jordan y ate ITEM NUMBER: B - 2 DATE: 10/11/11 ATTACHMENT 4: Proposed Site Plan,Alondra & Santa Barbara GPA(PLN 2011-1413) -,----)zn I ». � •I � I! i�i i IT got- 17 r� II f n.�w siT �i't.•w•I' � 4 Q f} • •\'f- ' rbc• .♦ -�� _-� \ \ ��\\\`�',,` •' ___ `moi`.♦ - i1 11111` I' �•' ;�, � r ���'\ � A \� � I 1 \ I I y ��z,� _6 \ ITEM NUMBER: B - 2 DATE: 10/11/11 ATTACHMENT 5: Draft Resolution A Authorizing Staff to Process Both General Plan Amendments DRAFT RESOLUTION A A RESOLUTION OF THE CITY COUNCIL OF ATASCADERO AUTHORIZING STAFF TO PROCESS TWO GENERAL PLAN LAND USE DIAGRAM AMENDMENTS TO CONVERT 48.8 ACRES OF RS TO RSF-X AND RSF-Y WITH NEIGHBORHOOD MEETING AND STUDY SESSION FOR 10 PROPERTIES LOCATED ON VIEJO CAMINO, HALCON, ALONDRA, AND SANTA BARBARA RD. WHEREAS, a proposal has been received from Maury Froman of Rottman Properties, LLC, 1998 Santa Barbara St. Suite 200, San Luis Obispo, CA 93401 (Applicant), and Halcon Properties, LLC, 308 E. Carillo St., Santa Barbara, CA 93101 (property owner), and representing property owners Delmore, Ratzlaff, Rodda, Joy, Sarnecki, Dagnall, to consider a project consisting of a General Plan Land Use Diagram Amendment for a to convert 29.1 acres of Suburban Estate at 11675, 11745, 11855, 11845, 11885, and 11875 Halcon Rd. and 9.8 acres at 11955 and 11975 Viejo Camino, (APN 045-401-003, 004, 017, 018, 010, 009, 014, 013); and, WHEREAS, a proposal has been received from EDA Design Professionals, 1998 Santa Barbara St. San Luis Obispo, CA 93401 (Applicant), and Madonna&Robert Baron, 9555 Santa Barbara Rd. Atascadero, CA 93422 (Owner), and Joann&Ken Jordan, 12025 Alondra Rd. Atascadero, CA 94322 (Owner), to consider a project consisting of a General Plan Land Use Diagram Amendment for a to convert 9.89 acres of Suburban Estate at 12025 Alondra Rd. and 9555 Santa Barbara Rd. (APN 045-411-002, 003); and, WHEREAS, the Atascadero City Council considered authorizing staff to process the proposed application with neighborhood meeting and joint City Council/Planning Commission study session during a regular meeting on October 11, 2011 consistent with the City's General Plan Amend Policy; and, NOW THEREFORE, the City Council of the City of Atascadero, hereby resolves to authorize staff to process two (2) separate General Plan Land Use Diagram Amendment applications at 11955 and 11975 Viejo Camino, 11675, 11745, 11855, 11845, 11885, and 11875 Halcon Road, 12025 Alondra Road, and 9555 Santa Barbara Road. ITEM NUMBER: B - 2 DATE: 10/11/11 On motion by Council Member , and seconded by Council Member , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: CITY OF ATASCADERO Tom O'Malley, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian A. Pierik, City Attorney ITEM NUMBER: B - 2 DATE: 10/11/11 ATTACHMENT 6: Draft Resolution B Denying Authorization for Staff to Process Both General Plan Amendments DRAFT RESOLUTION B RESOLUTION OF THE CITY COUNCIL OF ATASCADERO DENYING AUTHORIZING STAFF TO PROCESS TWO GENERAL PLAN LAND USE DIAGRAM AMENDMENTS WHICH WOULD CONVERT 48.8 ACRES OF RS TO RSF-X AND RSF-Y FOR 10 PROPERTIES LOCATED ON VIEJO CAMINO, HALCON, ALONDRA, AND SANTA BARBARA RD. WHEREAS, a proposal has been received from Maury Froman of Rottman Properties, LLC, 1998 Santa Barbara St. Suite 200, San Luis Obispo, CA 93401 (Applicant), and Halcon Properties, LLC, 308 E. Carillo St., Santa Barbara, CA 93101 (property owner), and representing property owners Delmore, Ratzlaff, Rodda, Joy, Sarnecki, Dagnall, to consider a project consisting of a General Plan Land Use Diagram Amendment for a to convert 29.1 acres of Suburban Estate at 11675, 11745, 11855, 11845, 11885, and 11875 Halcon Rd. and 9.8 acres at 11955 and 11975 Viejo Camino, (APN 045-401-003, 004, 017, 018, 010, 009, 014, 013); and, WHEREAS, a proposal has been received from EDA Design Professionals, 1998 Santa Barbara St. San Luis Obispo, CA 93401 (Applicant), and Madonna&Robert Baron, 9555 Santa Barbara Rd. Atascadero, CA 93422 (Owner), and Joann&Ken Jordan, 12025 Alondra Rd. Atascadero, CA 94322 (Owner), to consider a project consisting of a General Plan Land Use Diagram Amendment for a to convert 9.89 acres of Suburban Estate at 12025 Alondra Rd. and 9555 Santa Barbara Rd. (APN 045-411-002, 003); and, WHEREAS, the Atascadero City Council considered authorizing staff to process the proposed application during a regular meeting on October 11, 2011 consistent with the City's General Plan Amend Policy; and, NOW THEREFORE, the City Council of the City of Atascadero, hereby resolves to deny the authorization for staff to process any General Plan Land Use Diagram Amendment at 11955 and 11975 Viejo Camino, 11675, 11745, 11855, 11845, 11885, and 11875 Halcon Road, 12025 Alondra Road, or 9555 Santa Barbara Road. ITEM NUMBER: B - 2 DATE: 10/11/11 On motion by Council Member , and seconded by Council Member , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: CITY OF ATASCADERO Tom O'Malley, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian A. Pierik, City Attorney ITEM NUMBER: E—5a DATE: 10/11/11 City of Atascadero Quarterly Commissioner Attendance Report July through September, 2011 Parks & Recreation Commission July 21St August 18th September 15th (Spc Mtg) Barbie Butz P P P Susan DeCarli P P P Susan Greenaway P P A(E) Charlie Joslin P P P David May -- P A Bill Wachtel P P P Tom Zirk P P P (May sworn in on 8/18/11 to replace Joslin) Planning Commission July August September 5th 19th 2nd 16th 6th 20th David Bentz Meeting Meeting P Meeting Meeting P Chuck Ward Cancelled Cancelled P Cancelled Cancelled A(E) Len Colamarino Meeting Meeting P Meeting Meeting A(E) Christian Cooper Cancelled Cancelled P Cancelled Cancelled P Mark Dariz Meeting Meeting P Meeting Meeting P Dennis Schmidt Cancelled Cancelled A E Cancelled Cancelled P Beth Wingett Meeting Meeting P Meeting Meeting P P = Present A =Absent A(E) = Excused Absence